Okaloosa County BOCC — January 13, 2016 — Agenda Packet — reading text

liabilities incurred under the subcontract. B. N Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and IO submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per due.” SS day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance C. U Commission Right to Reject Subcontractor Employees. The Commission in coordination with IS Grantee shall retain the right to reject any of the Grantee’s or subcontractor’s employees whose qualifications or performance, in the Commission’s judgment, are insufficient. C D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each D subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 16. R MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this a Federal award. O Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes A. -F Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement AF includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the T Commission in accordance with applicable Federal awarding agency policy. Convicted Vendors. Grantee shall have a continuing obligation to disclose, to the Commission, R B. in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to D Section 287.133(3)(d), F.S. i. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 PagePacket 9 of 20Pg. 48  1.f.a FWC Agreement No. 15-TBD-1 contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/co nvicted_suspended_discriminatory_complaints_vendor_lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of LY N Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. O C. Vendors on Scrutinized Companies List. N IO i. Scrutinized Companies. If this Agreement is in the amount of $1 million dollars or more, in executing this Agreement, the Grantee shall have an ongoing obligation to disclose to the Commission if it, its subrecipient, contractor, or subcontractor, is listed on either the Scrutinized SS Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S., or is engaged in business operations in Cuba or Syria. Section 287.135, F.S. U ii. False Certification – Termination. Pursuant to Subsection 287.135(3)(b), F.S., the IS Commission may immediately terminate this Agreement for cause if the Grantee is found to have submitted a false certification or if, during the term of the Agreement, the Grantee is placed on C the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business operations in Cuba or Syria. D iii. False Certification – Termination Notice. If the Commission determines that the Grantee has R submitted a false certification, the Commission will provide written notice to the Grantee. Unless the Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that the O Commission’s determination of false certification was made in error, the Commission shall bring a civil action against the Grantee. If the Commission’s determination is upheld, a civil penalty -Fequal to the greater of $2,000,000.00 or twice the amount of this Agreement shall be imposed on the Grantee, and the Grantee will be ineligible to bid on any agreement with an agency or local governmental entity for three (3) years after the date of the Commission’s determination of false certification by the Grantee. AF iv. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to T adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be null and void to the extent no longer authorized. R D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the D Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. “An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page Packet 10 of 20Pg. 49  1.f.a FWC Agreement No. 15-TBD-1 entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.” Section 287.134(2)(a), F.S. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission’s Grant Manager, in writing, upon occurrence, all civil or criminal litigation, Attachment: I. f. FWC Grant $127K (5164 : FWC Artificial Reef Construction Grant 2016-17 (Erika Zambello)) investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the LY Grantee’s ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee’s ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances N to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage alleged in such Proceeding. O in conduct in performing services for the Commission which is similar in nature to the conduct F.